the parties had dealt with each other before and were well acquainted with the timber industry
|
|
- Grant Gibbs
- 6 years ago
- Views:
Transcription
1 Formation of a Contract To start with it needs to be identified whether and which party is alleging a contract. For a contract to be valid it must be: 1.! An agreement 2.! Contractual intention 3.! Consideration Agreement An agreement is formed if there is a valid offer and an acceptance. There must be certainty in the offer and acceptance otherwise the court would not uphold the contract (Scammell v Ousten).! Hillas v Arcas the use of timber of fair specification was not too vague to form a contract as the parties had dealt with each other before and were well acquainted with the timber industry Offer An offer is an expression or willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed (Trietel 13 th Ed; confirmed in Allied Marine Transport). This will be assessed objectively (Smith v Hughes) This is distinguished from an invitation to treat (ITT), which is where one party merely invites offers from another party and which he is then free to accept or reject.! Carlill v Carbolic Smoke Ball Was considered an offer not ITT even though it had aspects if an ITT. This was because the defendant had taken actions (depositing 1,000) to indicate that it took the promise seriously, thus it was an offer to anyone who satisfied the conditions, even if they didn t communicate acceptance as it waived the requirement Case Law:! Fisher v Bell Generally speaking goods on display and advertisements in newspapers or periodicals that the advertiser has goods for sale are not offers 1
2 ! Partridge v Crittenden advertisements are generally an ITT! Grainger v Gough Similarly catalogues or price lists are also ITT. The display of these items is merely an invitation to treat! Boots Cash Chemist The same applies to goods on display and self-service displays in a shop! Williams v Carwardine Advertisements for a reward are treated as offers as there is intention to be bound as soon as information is given The reason for this distinction is that otherwise the advertiser, catalogue publisher and shopkeeper would be obliged to sell to every person who had accepted such an offer, even where supplies had run out (Partridge v Crittenden; Boots Cash Chemist). Tenders: An announcement inviting tenders is not normally an offer (Blackpool & Fylde Aero Club); unless accompanied by words indicating that the highest or the lowest bidder will be accepted (Harvela Investments). Where there is no offer to contract with the highest or lowest bidder, but the invitation to tender prescribes a clear, orderly and familiar procedure, it may be an offer to consider all conforming tenders (Blackpool & Fylde Aero Club). Auctions: In an auction with a reserve price, contract is formed between the seller and the bidder once the auctioneer completes the sale (S57 SGA 1979). Where the auction doesn t have a reserve price there will be a unilateral contract between the bidders with the highest bid (Barry v Davies). Failing to accept the highest bid allows the highest bidder to sue for damages. Acceptance Acceptance is an unconditional expression of assent to the terms of an offer. If the contract is bilateral, for acceptance to be valid it must; a)! coincide exactly with the terms of the offer (Rees v Warwick; Treitel); and b)! be communicated to the offerer 2
3 Offeree must know they are accepting an offer (R v Clarke Australian Case). In contrast, knowing about an offer and performing its acceptance for mixed motives will still be held as a valid acceptance (Williams v Carwardine). Counter offers: Any acceptance which attempts to vary the terms contained in the offer will be considered as a rejection of the original offer and interpreted as a counter-offer which is open to acceptance or rejection by the original offeror (Hyde v Wrench). However, merely requesting information or inquiring whether the offerer will modify his terms will not be treated as a rejection of the original offer and the original offer will therefore still be open to acceptance (Stevenson Jacques v McLean).! Brogden v Met railway; Butler Machine Tool In the case of battle of forms the last terms to be proffered or final terms contracted on will take precedence because it is considered a counter offer which the other party accepts Communication: Acceptance will not be complete unless there is actual communication of the acceptance to the offeror (Entores v Miles East).! Brogden An offer can be accepted either in writing, through oral communication or by the conduct of the parties! Felthouse v Bindley Silence will not suffice for communication of acceptance! Re Selectmove An offeree can bind themselves by silence e.g. by stating if you don t hear from me by tomorrow, then assume I ve accepted Postal Rules:! Adams v Lindsell Where acceptance is sent by post the acceptance is complete once it is properly posted! Household Fire v Grant Even if the letter is never received, so long as it was a reasonable method of communication, properly posted and not excluded! Henthorn v Fraser The operation of the postal rule applies only when it is reasonably to use the post as a means of communicating acceptance 3
4 ! Holwell Securities v Hughes Posting may be excluded if the offerer makes actual communication to himself of the acceptance a clear requirement! Brinkibon In deciding when an acceptance is communicated, there is no universal rule, rather reference should be made to the parties intention, sound business practice and in some cases judgement as to where risks should lie Termination of Offer An offer may be terminated by Revocation Rejection Lapse of time Occurrence of a condition Death Revocation: An offer can be withdrawn at any time prior to acceptance even if offeror promised to keep it open (Routledge v Grant), but becomes irrevocable after acceptance (Great Northern Railway). The offeree may also give consideration for the offerror for keeping the offer open (Mountford v Scott).! Bryne & Co For a revocation to be effective, it must be communicated to the offeree! Dickson v Dodds The revocation need not be communicated by the offeror a third party will suffice provided that third party can be reasonably relied upon! Shuey v US Where the offer was made to the whole world (i.e. an advert in a newspaper) it can be withdrawn by taking reasonable steps (i.e. placing a withdrawal advert in the same newspaper) note that it s a US case! The Brimmes The postal rule does not apply but a letter is effective on arrival where it is reasonable to expect a member of staff to read it! Errington v Errington If it s a unilateral contract, revocation not possible once act of acceptance has begun 4
5 Rejection: An offer will be held to have been terminated once it has been rejected by the offeree (Hyde v Wrench) Lapse of time: If an offer is subject to an express time limit, it cannot be accepted after the expiry of that time. Although the offeror could waive this condition and treat the late acceptance as valid if he so wished. If there is no such time limit, then the offer remains open for a reasonable time (Ramsgate Victoria Hotel v Montefiore) Death: Where the contract is concerned with "personal services", the death of the offeror or offeree will terminate the contract. If the contract is of a non-personal nature, then it is possible that the executors of the deceased may be able to conclude the contract (Harris v Fawcett). Intention to Create Legal Relations (ITCLR) This involves an objective assessment of parties intention (Smith v Hughes) Commercial agreements: Where an agreement is of a commercial nature, the general presumption is that these agreements are intended to be legally binding (Edwards v Skyways), but this may be rebutted where the words used have the effect of nullifying an intention to be legally bound (Rose & Frank v Compton). In express agreements, the onus of proving there was no intention is on the party who asserts no legal effect is intended. However, where an agreement is an implied contract inferred from conduct, the onus of proving there was on a contract is on the party who asserts that legal effect was intended (Baird v Marks & Spencer). Non-commercial agreements: Where an agreement is of a social nature (e.g. friends) or domestic nature (e.g. husband and wife) it is presumed that there is no intention to be legally bound (Balfour v Balfour), but this may be rebutted on the facts of the case (Simpkins v Pays). 5
6 The intention of the parties is rebuttable and will be judged objectively, but the court is more likely to find intention where, for example the parties were not in good relations when the agreement was made (Merritt v Merritt); where the agreement was essentially a commercial one (Snelling v Snelling); or where one party has acted to their detriment in reliance upon the agreement (Parker v Clark). 6
CHAPTER 1. The question requires a discussion of the law with regard to offer an acceptance. For a contract to be valid it must be:
CHAPTER 1 property of 1stclasslawnotes lawstoreuk Formation Formation of Contract The question requires a discussion of the law with regard to offer an acceptance. For a contract to be valid it must be:
More informationOffer: Has a valid offer been made?
Agreement Offer and acceptance based can exist between 2 or more (Clarke v Dunraven) May be necessary to look at whole agreement rather than isolate offer and acceptance (Empirnall Holdings v Machon Paul
More informationTable of Content - Commercial Law. Year End Examination Notes
Table of Content - Commercial Law Year End Examination Notes Chapter 4: Contract: Offer & Acceptance... 2 Chapter 5: Intention & Consideration... 7 Chapter 6: Express Terms of the Contract... 12 Chapter
More informationPRINCIPLES OF CONTRACTUAL LIABILITY 1.1. AGREEMENT TEMPLATE: CERTAINTY TEMPLATE:... Error! Bookmark not defined.
PRINCIPLES OF CONTRACTUAL LIABILITY 1. FORMATION OF CONTRACT:... 2 1.1. AGREEMENT TEMPLATE:... 2 1.2. CAPACITY TEMPLATE:... = Error! Bookmark not defined. 1.3. INTENTION TEMPLATE: (objective test)... Error!
More informationBusiness Law & Ethics notes Lec Lecture topic Topic s covered Text book refs. constitution expansion of power interpreting power
Business Law & Ethics notes Lec Lecture topic Topic s covered Text book refs 1 law, morality and philosophical views of ch 1 meaning of eithics law 2 the source of laws governing constitution expansion
More informationEmily M. Weitzenboeck, 2012 Norwegian Research Center for Computers & Law
What is acceptance? i. The final and unconditional expression of consent to offer ii. made in response to offer iii. exactly matching terms of offer iv. communicated to offeror. Element (i): final and
More informationBusiness Law - Contract Law Study Notes
Business Law - Contract Law Study Notes Comprehensive unit study notes as per Victoria University. 1 Table of Contents Note topic Content page Full semester notes 3-49 How to write IRAC 50-51 response
More informationAGREEMENT = OFFER + ACCEPTANCE + CERTAINTY Clarke v Duncan
CONTRACTS A AGREEMENT = OFFER + ACCEPTANCE + CERTAINTY Clarke v Duncan Offeror: Person who makes the offer (Promisor) Offeree: Person who receives the offer (Promisee) (accepts) 1. Was (insert method of
More informationContracts Summary Notes
Contracts Summary Notes TOPIC ONE: AGREEMENT- OFFER AND ACCEPTANCE There are 4 elements of a contract: Agreement, consideration, intention to create legal relations and certainty The above are all required
More informationLAW OF CONTRACT (PART I) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL)
LAW OF CONTRACT (PART I) Shanila H. Gunawardena LL.B. (Hons.) (Colombo) Attorney-at-Law, CTA (CASL) 30-07-2017 MAIN COMPONENTS OF A CONTRACT 1. Intention to create legal relations 2. Agreement between
More informationIntroduction. 1 P age
Introduction (a) Definition of a contract: Pollock: a promise or set of promises which the law will enforce Treitel: a contract is an agreement giving rise to obligations which are enforced or recognised
More informationThe Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5
1 Contents The Objective Principle of a Promise... 2 Intention to Create Legal Relations... 4 Offer and Acceptance... 5 Offer vs. Invitation to Treat... 5 Termination/Lapse of Offer... 6 Acceptance of
More informationESSENTIAL CONTRACT LAW SECOND EDITION. London Sydney. Cavendish Publishing Limited
ESSENTIAL CONTRACT LAW SECOND EDITION CP Cavendish Publishing Limited London Sydney Titles in the series: Company Law Constitutional & Administrative Law Contract Law Criminal Law EC Law English Legal
More informationACCEPTANCE JMM KLELC 25/10/17 1
ACCEPTANCE 1 1. Definition of acceptance 2. Communication of acceptance 3. External manifestation of acceptance than mere preparedness to accept. 4. Communication of acceptance by the offeror only 5. Communication
More informationFoundation Level LAW PRACTICE MANUAL
Chapter 2:- Offer and Acceptance 2.1 Definition And Essential Elements Of A VALID OFFER 1. The term 'offer or proposal' in legal terms, is defined in (a) Section 2 (a) (b) Section 2 (b) (c) Section 2 (i)
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationNegligence 1. Duty of Care 2. Breach of duty of care p 718 c) p 724
Negligence 1. Duty of Care Donoghue v Stevenson [1932] AC 562 - a duty of care could exist in any situation where loss, damage or injury to one party was reasonable foreseeable (foreseeable harm) - the
More informationSources of Australian Contract Law Common law (Judge-made law found in UK and Australian Legal cases) Statutory Law (i.e ACL, Sale of Goods Act)
Week 7 Introduction to Contract Law CONTRACT: o An AGREEMENT between TWO OR MORE PARTIES giving rise to LEGAL OBLIGATIONS which are enforced or recognised by law CONTRACT vary in complexity and size: o
More informationTHE LAW OF CONTRACT LECTURE 1 - FORMATION OF A CONTRACT; OFFER AND INVITATION TO TREAT.
THE LAW OF CONTRACT LECTURE 1 - FORMATION OF A CONTRACT; OFFER AND INVITATION TO TREAT. KEY POINTS: To have a binding contract you must have an offer and an acceptance. An offer must be sufficiently certain
More informationContract Week 1 Offer
Contract Week 1 Offer What is a contract An agreement or set of promises that the law will enforce. There must always be AT LEAST one promise involved to form a contract. Elements of Contract: Agreement
More informationGCE Law. Mark Scheme for June Unit G156: Law of Contract Special Study. Advanced GCE. Oxford Cambridge and RSA Examinations
GCE Law Unit G156: Law of Contract Special Study Advanced GCE Mark Scheme for June 2017 Oxford Cambridge and RSA Examinations OCR (Oxford Cambridge and RSA) is a leading UK awarding body, providing a wide
More informationCONTRACT LAW EXAM NOTES
What is a contract? CONTRACT LAW EXAM NOTES Topic 1: The Nature and Importance of Contract Law A contract is a legally binding promise or agreement. A promise of agreement is not legally binding and enforceable
More informationContracts. 2. Parties to the contract a) Capacity b) Privity
Contracts 1. Formation of a contract a) Agreement Offer b) Agreement Acceptance c) Consideration d) Intention e) Certainty/completeness f) Promissory estoppel 2. Parties to the contract a) Capacity b)
More informationMLL111- Exam Notes Contract Law (All Topics + Cases)
1 MLL111- Exam Notes Contract Law (All Topics + Cases) 2 Contents Page Page 8: Formation of Contracts Offer and Acceptance Page 9: Acceptance Communication of Acceptance: Waiver Silence Page 10: Acceptance
More informationTitle: Formation of Contract Subject: Law Type of Paper: Assignment Words: 4179
P a g e 1 Title: Formation of Contract Subject: Law Type of Paper: Assignment Words: 4179 OFFER. A communication is treated as an offer if it indicates the terms on which the offeror is prepared to make
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationTopic One Agreement (Offer).
Topic One Agreement (Offer). Introduction: Central requirement of a contract is the existence of an agreement between two parties concerning the promise in question. Nature of an agreement: Agreement is
More informationContracts Final Exam Notes Formation of a contract What is a contract MUST Offer REASONABLE PERSON Acceptance
Contracts Final Exam Notes Formation of a contract What is a contract - Binding promise between two or more parties, reliant upon several important factors - Offer - Acceptance - Consideration - Certainty
More informationContracts 1! Semester Contracts 1 LAWS1071. Rose! 1! Vassel
Contracts 1 LAWS1071 Rose! 1! Vassel AGREEMENT: OFFER The Basis of Contracts 1. Offer + acceptance +communication = agreement 2. Consideration 3. Intention to be legally bound 4. Certainty Agreement pg.
More informationFoundation Level LAW PRACTICE MANUAL
Part: - 1 The Indian Contract Act, 1872 Chapter 1:- Nature and Kinds of Contracts 5. The general principles of law of contract applied to all kinds of contract irrespective of their nature. (a) True, as
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationTOPIC 1: AGREEMENT Lucy v Zehmer (1954) 84 SE 2d 516). ACCC v CG Berbatis Holdings Pty Ltd (2003) 214 CLR 51) However: Smith v Hughes
1 TOPIC 1: AGREEMENT An agreement is an understanding between two parties that one of them will do something, or will promise to do, in return for the other doing something, or promising to do so Requires
More informationLEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 LAW OF CONTRACT SUGGESTED ANSWERS - JUNE 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JANUARY 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationCONTRACT LAW. What is a contract? A promise or set of promises that is legally binding. Why is contract so important? Contract forms the basis for
CONTRACT LAW What is a contract? A promise or set of promises that is legally binding Why is contract so important? Contract forms the basis for - Commercial transactions - Consumer transactions; and o
More information70211 CONTRACTS FINAL EXAM
70211 CONTRACTS FINAL EXAM 1 2 ANSWERING PROBLEM QUESTIONS RULE OF THUMB: when answering problem questions, start with common law first then move into equity to see if there is an equitable remedy. ELEMENTS
More informationCONTACT LAW. Contract Law: Creating contract Lesson: Offer and acceptance
CONTACT LAW Contract Law: Creating contract Lesson: Offer and acceptance 1 Introduction Every one of us enters into many contracts throughout our lives. If you buy a muffin, if you rent an apartment, if
More informationTHIS CHAPTER COMPRISES OF
Star Rating On the basis of Maximum marks from a chapter On the basis of Questions included every year from a chapter On the basis of Compulsory questions from a chapter CHAPTER Nil Nil 1 THIS CHAPTER
More informationFriday 16 June 2017 Afternoon
Oxford Cambridge and RSA Friday 16 June 17 Afternoon A2 GCE LAW G6/01/RM Law of Contract Special Study SPECIAL STUDY MATERIAL *67034* Duration: 1 hour 30 minutes INSTRUCTIONS TO CANDIDATES This is a clean
More information1.2 Explain the legal requirements for the formation of an enforceable contract. 1.3 Explain the factual indicators of the existence of agreement.
Unit 2 Title: Contract Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the concept of contract. 2 Understand the rules for establishing whether a valid offer and acceptance
More informationCERTIFIED INVESTMENT AND FINANCIAL ANALYSTS PART TWO SECTION STUDYNOTES
CERTIFIED INVESTMENT AND FINANCIAL ANALYSTS PART TWO SECTION STUDYNOTES REGULATION OF FINANCIAL MARKETS 1 CONTENT CHAPTER ONE PAGE Application of the law of contract in financial markets...5 - Definition
More informationContracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Contract Formation
Contracts Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Contract Formation I. Foundations A. Mutual Assent: Each party to a contract manifests its assent to the
More informationOVERVIEW OF CONTRACT LAW
OVERVIEW OF CONTRACT LAW Liability is generally the key issue in regards to contractual disputes. Purpose of K law is to provide the rules which determine when one party is liable to another under or in
More informationSECTION B - PROTECTING PRIVACY: Traditionally no protection -> change, but no complete protection
SECTION B - PROTECTING PRIVACY: Traditionally no protection -> change, but no complete protection 2. PRIVACY ACT 1993 - NZ implements international standards
More informationLLB120 NOTES !!!!!!!!!!!!!!
LLB120 NOTES!!!!!!!!!!!!!! Contents Contract Formation 5 Agreement 5 Offer 6 Willingness to be bound without further negotiation 6 Gibson v Manchester 6 Carlill v Carbolic Smoke Ball Company 7 Pharmaceutical
More informationOffer. Issue Offer Advertisement
Offer an expression of willingness to contract on specified terms, made with the intention that it shall become binding as soon as it is accepted by the person[s] to whom it is addressed which may be addressed
More informationCONTRACT. 1. DEFINITION 2.1 Books 2.2 Decided Cases. 2. CONCEPT 3.1 Freedom 3.2 Certainty Of Contract
CONTRACT LAW 1. DEFINITION 2.1 Books 2.2 Decided Cases CONTRACT 2. CONCEPT 3.1 Freedom 3.2 Certainty Of Contract 3. Types Of Contract 4.1 Unilateral 4.2 Bilateral 4.3 Collateral 4. ELEMENT OF CONTRACT
More informationLEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013
Note to Candidates and Tutors: LEVEL 3 - UNIT 2 CONTRACT LAW SUGGESTED ANSWERS - JUNE 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationCambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/32 Paper 3 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to
More informationLAW OF CONTRACT I IN TANZANIA
Moshi Co-operative University From the SelectedWorks of MWAKISIKI MWAKISIKI Summer April 9, 2017 LAW OF CONTRACT I IN TANZANIA MWAKISIKI MWAKISIKI, Moshi Co-operative University This work is licensed under
More informationTHE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW
THE CYPRUS INSTITUTE OF MARKETING DMM COMMERCIAL LAW INTRODUCTION 18 LECTURES CIM BOOKLET + TEXT BOOK ATTENDANCE CONTACT yangos@cima.ac.cy COURSE ASSESSMENT 1. ASSIGNMENT No1. 7.5 % 2. ASSIGNEMENT No2.
More informationThe Kinds of Promises Legally Enforced
The Kinds of Promises Legally Enforced Offers There can be serious consequences if an offer is found to be legally binding. In Denton a railway schedule was found to be a unilateral contract, and thus
More informationG156/RM. LAW Law of Contract Special Study. Thursday 23 June 2011 Afternoon ADVANCED GCE SPECIAL STUDY MATERIAL
ADVANCED GCE LAW Law of Contract Special Study G16/RM SPECIAL STUDY MATERIAL *G127770611* Thursday 23 June 11 Afternoon Duration: 1 hour 30 minutes INSTRUCTIONS TO CANDIDATES This is a clean copy of the
More informationContract Basic. Traditional elements for liability of breach of contract A claim for breach of contract will succeed if it is shown that:
Previous course of dealing may verify a term: Hardwick Game Implied term test: BP Refiner, applied in Codelfa term implied in custom/trade usage test: Con-Stan Industries Exclusion clause: Darlington Futures
More information9084 LAW. 9084/32 Paper 3, maximum raw mark 75
CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2014 series 9084 LAW 9084/32 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers and candidates,
More informationPrivity: Third party to K can t enforce its obligations b/c they haven t contributed consideration for its promises ( Tweddle ); Principal not named
Privity: Third party to K can t enforce its obligations b/c they haven t contributed consideration for its promises ( Tweddle ); Principal not named in K can sue if promisee was contracted as principal
More informationLAW OF CONTRACT. LPAB Winter 2017 Week 2. Alex Kuklik
LAW OF CONTRACT LPAB Winter 2017 Week 2 Alex Kuklik Formation of contract Lecture 2 The Fact of Agreement: Acceptance Acceptance generally Text: Radan & Gooley, Chapter 4 (paras 4.74-4.121) R v Clarke
More informationContract law LAWS1015
Contract law Contents Contents... 1 1 Introduction... 2 A Introduction... 2 B Freedom of contract?... 2 2 Agreement... 6 A Offer and acceptance... 6 B Consideration... 17 C Estoppel and its effect on consideration...
More informationChinese Contract Law: A Brief Introduction. ZHANG Xuezhong. Assistant Professor of Law.
Chinese Contract Law: A Brief Introduction ZHANG Xuezhong Assistant Professor of Law zhangxuezhong@ecupl.edu.cn East China University of Politics and Law Overview 1. In General 2. Principles of Chinese
More informationCONTRACT LAW. Elements of a Contract
CONTRACT LAW Contracts: Types and Sources in Australia CONTRACT: An agreement concerning promises made between two or more parties with the intention of creating certain legal rights and obligations upon
More informationContract Law. 2. Contract formation: a) mutual assent: offer & acceptance b) consideration: need to have an exchange of something.
Contract Law Jan 18th, 2012: 1. Sources of law: -statutory law: United Commercial Code, uniformed state law; (only for sales of goods, does not require parties to be merchants) -common law; -restatement:
More informationFACULTY OF LAW LAWS5002 CONTRACTS
FACULTY OF LAW LAWS5002 CONTRACTS PART 2: OFFER AND ACCEPTANCE CONSIDERATION ESTOPPEL AND ITS EFFECT ON CONSIDERATION INTENTION TO CREATE LEGAL RELATIONS CONTRACTS REQUIRING WRITTEN EVIDENCE 1 PART 2 -
More informationCambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/32 Paper 3 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an
More informationA-level LAW COMPONENT CODE
SPECIMEN MATERIAL A-level LAW COMPONENT CODE PAPER 3 CONTRACT Mark scheme Series V1.0 Mark schemes are prepared by the Lead Assessment Writer and considered, together with the relevant questions, by a
More informationUnit B. Version: 1.2. Contract law. Copyright 2015 Citizens Advice. All rights reserved.
Unit B Contract law Version: 1.2 Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Registered charity number 279057 VAT number 726 0202 76 Company limited by
More information9084 LAW 9084/03 Paper 3, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark
More informationContents. Table of cases. Introduction
Table of cases Contents Introduction 1. The Making of a Contract 17 The nature of contracts-unilateral and bi-lateral ` 18 The notion of offer and acceptance 18 The invitation to treat 19 Offers of sale
More informationJANHIT COLLEGE OF LAW
Q. Define contract? Discuss the essential elements of a valid contract? (Or) Law of contract is not the whole of law of agreement or whole law of obligation. Discuss enumerating the essentials of a valid
More informationCambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published
Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/33 Paper 3 May/June 2016 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published
More informationInterpreting Statutes
Interpreting Statutes 1) Apply the literal rule are there any ambiguities to be cleared up? 2) Use intrinsic aids A. structure of the statutes B. definitions within legislation (interpretation section)
More informationDefine genuine agreement and rescission. Identify when duress occurs. Describe how someone may exercise undue influence.
Define genuine agreement and rescission Identify when duress occurs Describe how someone may exercise undue influence. Genuine Agreement/Assent: meeting of the minds Must be willful and voluntary Must
More informationNote to Candidates and Tutors:
UNIT 2 LEVEL 6 CONTRACT LAW SUGGESTED ANSWERS JANUARY 2010 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationEnforceable Contracts: Intention To Create Legal Relations
1194 Entrepreneurship Vision 2020: Innovation, Development Sustainability, and Economic Growth Enforceable Contracts: Intention To Create Legal Relations Nik Malini Nik Mahdi, Universiti Malaysia Kelantan,
More informationMARK SCHEME for the May/June 2008 question paper 9084 LAW. 9084/03 Paper 3, maximum raw mark 75
UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level www.xtremepapers.com MARK SCHEME for the May/June 2008 question paper 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark scheme
More informationBUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise
BUSINESS LAW Chapter 5 PowerPoint Notes & Assignment How Contracts Arise SECTION 5.1 CONTRACTS The Nature of a Contract A ** is any agreement enforceable by law. Not all agreements are contracts, however.
More information7/23/2010. The. Contract. Sources of contractual obligations
Law for Spatial Designers Introduction to the Law of Contract Module 3 Topic 1 Sources of contractual obligations Obligations imposed by law and equity The Contract Statutory obligations The obligations
More informationCONTRACTS LAW. Fall 2015 CAN IQRA AZHAR
CONTRACTS LAW Fall 2015 CAN IQRA AZHAR Contracts CANs Fall 2015 Iqra Azhar 1 1. Table of Contents 1. FORMATION OF A VALID CONTRACT... 5 Offer and Invitation to Treat... 5 Canadian Dryers Association v
More informationPAPER: LAW MARK AWARDED: 73% The overriding objective was recently modified in the Jackson reforms and recites as follows.
PAPER: LAW MARK AWARDED: 73% Question 1 The overriding objective was recently modified in the Jackson reforms and recites as follows. 1) These rules are a new procedural code with the overriding objective
More informationOptions Tickets Termination of the Offer Revocation Rejection Counter-Offer Lapse Acceptance...
Table of Contents Definition... 15 What is a Contract?... 15 Key Elements... 15 Promise... 15 Capable persons... 15 Obligation... 15 Enforceable... 15 Definitions... 16 Theories of Contract Law... 16 Classical
More informationWas there a counter offer? Was there silence? Is it by mail or an instantaneous mode?
FORMATION OF A VALID CONTRACT 1 Is there intent to create legal obligations? 2 Is there communication of the offer? 3 Is there acceptance of the offer? 4 Is there a certainty of terms? Is there a social
More informationContracts I Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas. Fall 2004
Contracts I Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Optional HW Assignment #1 - Model Answers 1. Read the attached version of Coakley & Williams, Inc. v.
More informationSUGGESTED SOLUTIONS. KE3(B)-Fundamentals of Law. September All Rights Reserved
SUGGESTED SOLUTIONS KE3(B)-Fundamentals of Law September 2017 All Rights Reserved SECTION 1 Answer 01 1.1 Learning Outcome/s: 1.4.2 Identify the main functions of each institution stated above. Study text
More informationUnilateral Contracts vs. Bilateral Contracts
Unilateral Contracts vs. Bilateral Contracts A unilateral contract is a promise in exchange for a performance. A bilateral contract is a promise in exchange for a promise. Note: An implied-in-fact contract
More informationIn summary, there wasn t any contract because there was no acceptance because the offeree accepted on terms not specified by the offeror.
ASSIGNMENT 1. Mama Lit circulates leaflets on the campus of IPS. On the leaflet is written tomorrow launch will be at a special low price of only GH 1.00. Has Mama Lit made an offer and is she bound to
More informationChapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
Chapter 9: Contract Formation a Copyright part of South-Western 2009 South-Western Cengage Legal Learning. Studies Business, Introduction is a declaration that something will or will not happen in the
More informationLL.B.FIRST YEAR COURSE I. CONTRACT-1 st (CODE: K-102)
LL.B.FIRST YEAR COURSE I Unit I: CONTRACT-1 st (CODE: K-102) Formation of Contract Proposal and acceptance, their communication and Revocation (sec 1 to 10) Unit-II: Essential of Contact - Capacity to
More informationPrinciples of European Contract Law
Article 1:101: Application of the Principles Principles of European Contract Law CHAPTER 1: GENERAL PROVISIONS Section 1: Scope of the Principles (1) These Principles are intended to be applied as general
More informationB-LAW NOTES UNIT-1:- CONTRACT ACT
B-LAW NOTES UNIT-1:- CONTRACT ACT 1Q. Define contract? Discuss the essential elements of a valid contract? (Or) Law of contract is not the whole of law of agreement nor whole law of enumerating the essentials
More informationMAY 2012 BUSINESS AND CORPORATE LAW SOLUTION
SOLUTION 1 A court decision that is called as an example or analogy to resolve similar questions of law in later cases. The doctrine of decisis et not quieta movere. Stand by past decisions and do not
More informationUNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG]
Go to CISG Table of Contents Go to Database Directory UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] For U.S. citation purposes, the UN-certified English text
More informationBEUC S COMMENTS (SECOND PART) FOR THE COMMISSION S EXPERT GROUP ON EUROPEAN CONTRACT LAW
BEUC S COMMENTS (SECOND PART) FOR THE COMMISSION S EXPERT GROUP ON EUROPEAN CONTRACT LAW Contact: Ursula Pachl consumercontracts@beuc.eu Ref.: X/086/2010-17/12/2010 EC register for interest representatives:
More informationCriminal Law. Law of Property. Land Personal Property
LAW 241 Law of Contract Introduction to the Law of Contract Alex Bond PUBLIC PRIVATE Constitutional Law Administrative Law Criminal Law Law of Property Law of Persons Law of Obligations Land Personal Property
More informationCONTRACTS Bartlett Spring 2010
Generally... 2 Slide: Components of course... 3 Contract existed (Formation)... 3 Slide: Contract formation... 3 Offer... 4 Interim period: Revocation... 5 Acceptance... 6 Acceptance: Bilateral v. Unilateral...
More informationCONTRACTS. Fall 2015 JENNA DAVIS THOMPSON RIVERS UNIVERSITY LAW 3030
CONTRACTS Fall 2015 JENNA DAVIS THOMPSON RIVERS UNIVERSITY LAW 3030 1 1 Is there an intention to create legal obligations? 2 Is there communication of an offer? 3 Is there acceptance of the offer? 4 Is
More informationCONTRACT LAW SUMMARY
CONTRACT LAW SUMMARY LAWSKOOL UK CONTENTS INTRODUCTION TO CONTRACT LAW 6 DEFINITION OF CONTRACT LAW 6 1) The Classical Model of Contract Law 6 INTENTION TO CREATE LEGAL RELATIONS 8 INTRODUCTION TO INTENTION
More informationFORMATION OF A VALID CONTRACT 4 1. Offer and Invitations to Treat 4 Canadian Dyers Assn v. Burton (1920, H.L.) 4 Pharmaceutical Society v.
FORMATION OF A VALID CONTRACT 4 1. Offer and Invitations to Treat 4 Canadian Dyers Assn v. Burton (1920, H.L.) 4 Pharmaceutical Society v. Boots Cash Chemists (1953, C.A.) 4 Carlill v. Carbolic Smoke Ball
More informationChapter 3: The Bargain Context
Chapter 3: The Bargain Context A. Introduction: Contracting parties, no matter how hard they try, cannot negotiate every rule. For example, suppose I agree to sell and you agree to buy my tractor. We agree
More informationINTERNATIONAL SALE OF GOODS ACT
c t INTERNATIONAL SALE OF GOODS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 2, 2015. It is intended for information
More information1 Contract Act : Basic Concepts
Star Rating On the basis of Maximum marks from a chapter On the basis of Questions included every year from a chapter On the basis of Compulsory questions from a chapter Nil Nil Nil 1 Contract Act : Basic
More information1 (B) Offer and Acceptance. Subject : Commerce. Lesson : Offer and Acceptance. Course Developer : Anu Panday
Subject : Commerce Lesson : Offer and Acceptance Course Developer : Anu Panday University /Department: Motilal Nehru College, Department of commerce, University of Delhi 1 Table of Contents OFFER AND ACCEPTANCE
More information